The boundary between two parcels of real estate determines who is responsible for maintenance. It also influences the value of each parcel. Every square foot of land can be quite valuable, especially in high-demand neighborhoods.
Typically, neighbors respect the boundary line between parcels. They may cooperate to install a fence and may even discuss decisions to plant bushes or trees near the line with a neighbor. Unfortunately, some people steamroll right over the boundary. In some cases, litigation may be necessary to resolve a boundary dispute.
Has a violation actually occurred?
Many boundary violations begin with inaccurate assumptions. People believe they know where the property line falls, but they may rely on a landmark pointed out by the previous owner years ago. Reviewing the legal description of the property can help validate where the boundary line is. Other times, hiring a surveyor can validate claims that a neighbor has repeatedly violated the boundary between the two properties.
Could the violation affect ownership?
Protracted use of a neighbor’s property could lead to adverse possession claims after many years. Even if one neighbor does not intend to formally change the legal description for their property, they could effectively usurp land belonging to a neighbor by paving it as part of their driveway or putting a fence over the boundary line. Real estate litigation can prevent one neighbor from building improvements over the boundary line. A successful real estate lawsuit could also force a neighbor to remove improvements that crossed the boundary line.
Those who cannot settle a boundary line dispute with a neighbor amicably may need to take the matter to civil court. Asking for a judge’s support can help people protect their property from issues caused by a neighbor.